Responsibility for damage when a tree is blown down.

[NeverUseThisName]

Our tree has been blown over.

The branches that extended over a neighbour's garden have damaged her fence. I don't know what has happened inside her garden.

We regularly prune and maintain the parts of the tree within our garden.

Who is responsible for repairing the fence? What about damage inside the neighbour's garden?

We are cordial neighbours, though not friends. We are both aware that we have the right to prune to the boundary, but neither of us take full advantage of this if we like the other's plant that is encroaching on our garden.

What I'm wondering is, if you choose not to prune a branch that is growing into your property, does it mean that you accept responsibility for any damage that it does?

I'm not trying to swerve any responsibility. If it's all my responsibility, then I will pay for the repairs.

Is it their fence?

Yes.

It’s your tree so it’s your liability. Your home insurance may cover this.

The pruning is irrelevant. Neighbours have the right to cut back over hanging branches if they want to (and should offer the branches back) but they don’t have to and it doesn’t make them liable at all.

Sorry about your tree.

Your tree, you're liable.

It’s your tree so it’s your liability

I don’t think that’s true actually. Unless there is negligence wrt maintaining the tree, wind damage is an “act of god.”

In law, no one is held responsible for damage caused by storms or strong winds. This is known as an “act of God” defence. So your neighbour is under no duty to repair the damage, although most reasonable people would help. Technically, she is obliged to remove the tree from your land but it might be easier just to do it yourself as she is uncooperative.

This was in the Daily Telegraph - it’s from the other point of view

Force majeure. As it's their fence I would offer to pay though - what's your excess and how much is the damage?

I think you'd be best off ringing your house insurers and getting their advice.
Sorry about your tree.

Thanks.

I've no idea how bad the damage is. It's dark out. All I can see is my tree half ripped out of the ground, supported by a couple of branches resting on the neighbour's fence - which is breaking under the strain. I don't know what damage the branches may have done in the other garden. That will have to wait a few days.

My inclination is that, if it's just replacing a panel of the fence, to just cough up in the interest of neighbourly harmony. I suspect that the fence will be pennies compared to the tree surgeon.

So sad about our tree. It was nothing special, just a pussy willow, but it was probably older than the house, and our dc loved climbing it. It's sad to lose any mature tree.